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Anwar Ali Khan and anr. Vs. Dara Shah Khan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported inAIR1920All197(1); (1920)ILR42All514
AppellantAnwar Ali Khan and anr.
RespondentDara Shah Khan and ors.
Excerpt:
act no. viii of 1890 (guardians and wards act), sections 39, 47, 48 - application to remove guardian appointed by the court and to appoint applicants instead--application dismissed--appeal. - - section 48 distinctly says:.....and by section 622 of the code of civil procedure, an order made under this act shall be final and shall not be liable to be contested by suit or otherwise. ' it is, therefore, clear that no appeal lies from the order of the court below and we, therefore, dismiss this appeal with.....
Judgment:

Tudball and Sulaiman, JJ.

1. This is an appeal against an order passed by the District Judge of Bareilly refusing to remove a guardian from her post. A preliminary 'objection is raised that no appeal lies. We think there is considerable force in this argument, Section 47 of the Guardians and Wards Act gives a right of appeal against an order made by the District Court under Section 39 for removing a guardian, but it nowhere gives a right of appeal from an order refusing to remove a guardian. Section 48 distinctly says: 'Save as provided by the last foregoing section and by Section 622 of the Code of Civil Procedure, an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise. ' It is, therefore, clear that no appeal lies from the order of the court below and we, therefore, dismiss this appeal with costs.


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